Fathers Rights Blogs

Oct
10

Texas Holiday Visitation Schedule with your Children: Guidelines for Thanksgiving and Christmas

Now is the time to review your Holiday Schedule for visitation with your children during this wonderful time of year! We suggest you review the specific circumstances provisions of your order concerning visitation.  Because many families have specific situations that occur during this special time, this visitation time is the most modified area in the Standard Possession Order. The Holiday schedule will always override the Thursday or Weekend schedules.

Here is a reminder of the current Texas Family Law Code’s Standard Possession Order for the Holidays.

Texas Family Law Code’s Standard Visitation Guidelines for Thanksgiving:
The possessory conservator or non-primary conservator shall have possession of the child in odd-numbered years, beginning at 6 p.m. on the day the child is dismissed from school before Thanksgiving and ending at 6 p.m. on the following Sunday, and the managing conservator shall have possession for the same period in even-numbered years;

Texas Family Law Code’s Standard Visitation Guidelines for Christmas Break:
The possessory conservator or non-primary conservator shall have possession of the child in even-numbered years beginning at 6 p.m. on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 28, and the managing conservator shall have possession for the same period in odd-numbered years;

The possessory conservator or non-primary conservator shall have possession of the child in odd-numbered years beginning at noon on December 28 and ending at 6 p.m. on the day before school resumes after that vacation, and the managing conservator shall have possession for the same period in even-numbered years;

The Holiday Season should be a happy time for but for families split by divorce, the emotional issues from the result of the break-up on the affected family can cause the joy of the season to be overshadowed by unhappiness and despair!

Unfortunately, many parents, wait too long to confirm visitation plans for the upcoming holiday season, resulting in an unfortunate and a very unhappy family situation.  If you cannot reach an agreement regarding visitation or you believe you may be deprived of holiday visitation by the other parent, now is the time to contact an attorney.

Children need to have structure in their Holiday Visitation schedule to ensure that they will be able to see both parents and share the joy of the season with their entire family.  The children are often the ones who suffer when the Holiday Visitation arrangement goes awry.

The best gift of the holiday a child can experience is an early proactive arrangement of all holiday plans so everyone knows dates and times for visitation with both Mom and Dad.   This Holiday Season vow to keep your child out of the middle of any family conflict and start to develop new holiday traditions with your child and family.  Many parents have new relationships/marriages and other children in the family group. The new holiday traditions should include everyone and be a bonding experience for years to come.

Tips on Dealing with Holiday Visitation Issues

  • Make sure your children have positive holiday memories. Shield them from conflicts between warring ex-spouses.
  • Plan ahead now on scheduling the upcoming holiday visitations. The longer the wait, the more stress involved!
  • If there is a deviation in the holiday schedule this year, make sure it is, in advance, in writing.  Make sure the document shows what times are being exchanged and both parents sign it for future confirmation.
  • Stay flexible and compromise: If you have to work, consider having the kids spend more time with the other parent so they have time with friends.  This is a time for new family traditions and changes from old habits.  Put aside your differences with the other parent and make the children’s time happy with good memories.
  • If age appropriate, ask your children what is important to them during the holidays.  There may be a special place or event that is very important to them; try to accommodate this.
  • Enjoy the Holidays with your children.  This is a special time for wonderful bonding and beautiful memories. Do not undermine their holiday by hateful confrontations and fighting.
  • If you anticipate a problem could arise regarding holiday visitation schedules, don’t delay! Consult a legal expert in time to get the conflict resolved before the holidays commence!

 

By Nacol Law Firm | Possession of Children
DETAIL
Sep
21

What Are Your Father’s Rights In Texas?

Are you the father of a child in Texas and Mom is refusing to let you see or communicate with your child? Are you paying child support in Texas for your child, yet Mom tries to dominate all interaction between you and the child to suit her needs. Is this Parental Alienation in the present or a step commencing down that path?

Fathers have rights in Texas and because this is one of the more frequent calls we receive from Dads, I thought it was time to discuss some specific law from the Texas Family Code regarding the rights and duties afforded to a Parent, whether Mom or Dad!

Under the Texas Family Code a “Parent” is defined as the mother, a man presumed to be the father, a man legally determined to be the father, a man who has been adjudicated to be the father by a court of competent jurisdiction, a man who acknowledged his paternity under applicable law or an adoptive mother or father.

Tex. Fam. Code Sec. 160, otherwise known as the Uniform Parentage Act, states that a man is presumed to be the father of a child if:

1. he is married to the mother of the child and the child is born during the marriage;

2. he is married to the mother of the child and the child is born before the 301st day after the date the marriage is terminated by death, annulment, declaration of invalidity, or divorce;

3. he married the mother of the child before the birth of the child in apparent compliance with law, even if the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or before the 301st day after the date the marriage is terminated by death, annulment, declaration of invalidity, or divorce;

4. he married the mother of the child after the birth of the child in apparent compliance with law, regardless of whether the marriage is or could be declared invalid, he voluntarily asserted his paternity of the child, and:

a)the assertion is in a record filed with the bureau of vital statistics;
b) he is voluntarily named as the child’s father; or
c) he promised in a record to support the child as his own; or

5. during the first two years of the child’s life, he continuously resided in the household in which the child resided and he represented to others that the child was his own.

If the above applies to you and you have established legal standing to support that you are “the father,” what are your rights and duties as the Texas Family Code Sec. 151.001 states:
§ 151.001. Rights and Duties of Parent

(a) A parent of a child has the following rights and duties:

(1) the right to have physical possession, to direct the moral and religious training, and to designate the residence of the child;

(2) the duty of care, control, protection, and reasonable discipline of the child;

(3) the duty to support the child, including providing the child with clothing, food, shelter, medical and dental care, and education;

(4) the duty, except when a guardian of the child’s estate has been appointed, to manage the estate of the child, including the right as an agent of the child to act in relation to the child’s estate if the child’s action is required by a state, the United States, or a foreign government;

(5) except as provided by Section 264.0111, the right to the services and earnings of the child;

(6) the right to consent to the child’s marriage, enlistment in the armed forces of the United States, medical and dental care, and psychiatric, psychological, and surgical treatment;

(7) the right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child;

(8) the right to receive and give receipt for payments for the support of the child and to hold or disburse funds for the benefit of the child;

(9) the right to inherit from and through the child;

(10) the right to make decisions concerning the child’s education; and

(11) any other right or duty existing between a parent and child by virtue of law.

Both parents have these rights unless a court order has created, modified, ordered, or delegated the statuary rights of a parent. The rights you have will support and empower you in a hands on relationship with your child.

All parents have the right to have a relationship with their children! One misguided parent may attempt to employ parental alienation to hurt the other parent and cause the child to be denied a loving relationship with the other parent. Know your rights and contact an attorney who can help you and your child fulfill a meaningful relationship!

DETAIL
Sep
03

Texas Fathers and Child Custody Cases – Time for Modifications or a Change?

The New Year is always a good time for personal changes and after another stressful Holiday Season with your kids and Ex, you have decided to make some serious changes in your child custody situation to stabilize the entire family. Mom is not helping and the children are seriously acting out.  What to do? What to do?

Maybe it is time to look at changing your child custody status with the children or at least modifying the current orders. Many changes have occurred in American Family Behavior and fathers are taking a more active role in their children’s lives.  The Pew Research Center has recently published some new research on today’s fathers with some important and surprising changes:

  • Fewer dads are the family’s sole breadwinner: dual income households are now the dominant arrangement (60%). Both mom and father must now be responsible for child raising and home chores.

  • Dad and mom roles are converging: fathers have taken on more housework and child care duties and moms have increased time spent at a paid job. There is definitely a more equal distribution of labor between mother and fathers in today’s world.

  • Fathers feel they spend more or as much time with their children as their fathers did when they were children

With the latest scientific research showing that a father’s involvement is essential to a child’s social, moral, and physical growth during the adolescent period, many state legislatures and family courts are now recognizing a father’s ability to care for his children as equal to the mother.  Courts are also looking at the more stable parent, who may have a better income and parenting plan in place for the child and is capable of providing a better home life and more quality time with the child.

Another reason for changing opinions regarding fathers’ rights child custody issues has been the high divorce rates and the affect it has had on the USA population life experiences.  Many adults have been raised in a divorced home with Mom as the main custodial parent. Now these adults are divorcing they want a different and better experience for their own children and their lives.

Things you want to consider as you prepare for your child custody battle are:

  1. Who has the financial ability to best care for the child (ren)? Be sure to have income tax verification, W-2 Forms and other financial information available.

  2. Establish a detailed viable parenting plan (child care, after school care, transportation, pediatrician, etc.).

  3. Who is more stable and/or can provide the best home for the child (ren)?

  4. Where has the child (ren) been attending school? Is it possible to keep the child (ren) in the same school district?

  5. Prepare a chronology of events leading up to the divorce including treatment of the child(ren), time spent with the child(ren), activities with the child(ren), the child(ren)’s schedule.

  6. Consider if a home study should be prepared regarding each home of the child (ren).

  7. Consider whether a psychological evaluation should be done on the mother?

  8. Is drug testing necessary? (Be sure to request hair follicle drug testing.)

  9. Is there an alcohol or other addiction problem in the home?

  10. Who can provide the best moral upbringing for the children?

  11. Is there evidence such as pictures, social networking sites, video tapes, texting, etc. that may help your case?

  12. Avoid unnecessary compromising photos, data on social networking sites, or texting!

Just Remember the five biggest mistakes men make in a custody suits are: 1) failing to respond to the legal action itself; 2) obtaining incorrect child custody legal advice (from friends and family rather than a legal expert); 3) signing a quick child custody settlement agreement while passions are high that is later deeply regretted; 4) failing to perform under the actual settlement agreement as signed; and 5) getting frustrated and/or acquiescing to unreasonable demands and orders.

Think smart when contemplating Child Custody Modifications, be prepared and get an experienced legal professional to help you accomplish your goals!

By Nacol Law Firm | Child Custody
DETAIL
Sep
01

My Kids have been hidden by my Ex! And I don’t know where they are…

This is a “Never Want to Live Through” Scenario: After a family breakup or divorce, your kids are picked up by your Ex and they all disappear! Where are they? Are they in danger? Will I ever see my children again?

After you get over your shock, the main question you will ask is: What can I do to get my children back?

  • Thinking clearly, you must respond quickly. Time is of the essence.
  • Contact the police immediately. You need to tell them that the runaway parent may have taken the children without permission.  Make sure that you have your certified legal court orders that pertain to your parental arrangement agreement concerning your children.  It is important to be able to show the police the specific orders and how important it is to find the runaway parent and kids!
  • Make a list of possible locations the runaway parent may have taken the children. This helps the police in their search.
  • Contact a family law attorney immediately.  After the runaway has occurred, there will be court intervention to prevent any further occurrences. Custody and supervised visitation issues will also need to be addressed.

If you were never married or divorced from the runaway parent, or if you have no legal court orders concerning or establishing custody and visitation rights in place, this could be a serious impediment in securing help to find your children.

At any time this could happen to you! If your legal position concerning custody and visitation with your children is in limbo, go secure a family law attorney and the help you need to protect your kids.

If a custody agreement is in place with the courts, it is legally binding. If the runaway parent violates the agreement terms, this parent is in violation of the law and will likely face some serious legal problems.

Many times, the runaway parent may take the children out of your area and may even cross state lines. This violation in your custody/visitation agreement could be considered parental kidnapping if the runaway parent moved without telling you the new residence of the child or without getting legal permission through the court to move or modify the custody order.

When the runaway parent and children are found, this is what could happen:

  • Custody Arrangements will legally be changed by court orders.  You will most likely be awarded protective orders or custody with the runaway parent receiving supervised visitation or no contact with the child.
  • The runaway parent may also face criminal charges and jail time.
By Nacol Law Firm | Child Custody
DETAIL
Aug
27

Parental Alienation Syndrome: Warring Parents + Child = Combustible Family Situation

It has now been more than 20 years since child psychiatrist, Richard A. Gardner, introduced the term of Parental Alienation Syndrome (PAS).  Dr. Gardner defined PAS as a disorder that arises in divorce or child custody disputes, when one parent deliberately damages, or destroys the previously healthy and loving relationship between the child and the child’s other parent. The main manifestation is the child’s own sudden or atypical campaign of denigration against the targeted parent without any justification.

Parental Alienation Syndrome is an evil, yet common and effective device for gaining custody of a child. Through systematic alienation, the alienating parent may slowly brainwash a child against the targeted parent. The alienating parent involved in these abusive behaviors usually gains misplaced and deleterious loyalty of the child.

The main problem with PAS is that the child actually participates in the denigrating of the alienated parent.

The main areas of denigration from the child are:

  • The child supports and tries to protect the alienating parent.
  • The child express the ideas of denigration of the target parent as his/her own idea.
  • The child gives weak and absurd reasons for his/her anger towards the alienated parent.
  • The child uses situations and scenarios that he/she could not have experienced
  • The child uses foul and often atypical language and server behavior to denigrate the targeted parent.
  • The child has no guilt over his/her cruelty towards the alienated parent and expresses hate for the parent.

Children who live in alienated family situations are usually unable to form healthy relationships with either parent.

Main areas of concern for these children impacted by Parental alienation are:

  1. Aggression and conduct disorder
  2. Disregard for social norms and authority, adjustment difficulties
  3. Emotional Distress, Anxiety, Depression, and Self Hate
  4. Lack of remorse or guilt
  5. Poor reality testing and unreasonable cognitive operations
  6. Low self- esteem or inflated self-esteem, Pseudo- maturity

Children displaying some or all of these symptoms need professional and legal help.  Parental Alienation Syndrome is sometimes recognized by the courts but is very difficult to define and most cases requires bringing in County Social Services, Child Protective Services, and /or other family therapy professionals.

Your child desperately needs your help, no matter how bad the situation is. IT IS NOT THE TIME TO GIVE UP YOUR PARENTAL RIGHTS! Contact an attorney and discuss your options on how to help your child and moving forward to solve this legal situation.

 

By Nacol Law Firm | Parent Alienation
DETAIL
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Please contact father’s rights Dallas Attorney Mark Nacol, or father’s rights Dallas Attorney Julian Nacol with the Nacol Law Firm P.C., for legal insight to your rights as a father. Both attorney Mark Nacol, and attorney Julian Nacol , provide counsel in the area of family law including divorce, father’s rights, interstate jurisdiction, child support, child custody, visitation, paternity, parent alienation, modifications, property division, asset division and more. Attorney Mark A. Nacol is board certified in Civil Trial Law by the Texas Board of Legal Specialization. Our attorneys at The Nacol Law Firm P.C. serve clients throughout Texas, including Collin, Dallas, Denton, Ellis, Grayson, Kaufman, Rockwall and Tarrant counties and the communities of Addison, Allen, Arlington, Carrollton, Dallas, Fort Worth, Frisco, Garland, Grapevine, Highland Park, McKinney, Mesquite, Plano, Prosper, Richardson, Rowlett and University Park, Murphy,Wylie, Lewisville, Flower Mound, Irving, along with surrounding DFW areas.

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